II URN 63/95
AI generated
Supreme Court quashes lower court ruling for failure to verify service method of appeal before dismissal.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court set aside the appellate court's dismissal of an appeal due to a missed deadline. The lower court rejected the appeal because the appellant failed to prove it was mailed within the statutory period, despite the lawyer claiming it was sent. The Supreme Court ruled that the appellate court erred by not first obtaining clarification from the lawyer regarding the specific method of service and the evidence supporting it.
Legislator headnote
AI generatedArt. 477 § 9 k.p.c.; Art. 397 § 1, 2 k.p.c.; The court must verify whether an appeal was submitted personally or by mail before declaring it late, and must request clarifications from the lawyer if the submission date is disputed.
Keywords
AI generated
extraordinary review
service of appeal
statutory deadline
burden of proof
social insurance appeal
court clarification duty
procedural dismissal
Cited Legislation
AI generatedArt. 477 § 9 k.p.c.
Art. 397 § 1, 2 k.p.c.
Art. 387 k.p.c.
Art. 168 § 1 k.p.c.
Art. 422 § 2 k.p.c.
art. 387 k.p.c
art. 168 § 1 k.p.c
art. 422 § 2 k.p.c